Skip to main content

Accused cannot be added to a pending case at mere asking of police

Lower courts should not include every other individual pinned down by the police as an accused in criminal cases without calling for materials to prove their involvement and getting satisfied, prima facie, about the need to prosecute them, the Madras High Court Bench here has said. Justice S. Nagamuthu made the observation while setting aside an order passed by a Judicial Magistrate at Uthamapalayam in Theni district on March 12, 2007 including two individuals as additional accused in a cheating case at the mere asking of the Rayappanpatti police and without any basis.

The judge pointed out that the police had initially booked the case against only one individual. Subsequently, an Assistant Public Prosecutor filed a petition under Section 319 of the Code of Criminal Procedure requesting the Magistrate to add two more individuals as accused in the case. The petition did not contain any detail about the materials available with the prosecution to array the two as additional accused and as to how were they involved in the crime. Yet, the Magistrate allowed the petition and added the duo as accused forcing them to approach the High Court.

Shocked over the injustice that had been caused to the two individuals, Mr. Justice Nagamuthu said: “In the instant case, I regret to say that both the Assistant Public Prosecutor and the learned Judicial Magistrate have failed to discharge their legal obligation in a proper manner.

“I do not understand as to how a Judicial Magistrate can pass such a non-speaking order without reference to the evidence and without reference to the requirement under Section 319 of the Cr.P.C. This is a classic example of how a judicial order should not be passed by any court.”

The judge directed the High Court Registry to forward of a copy of his order to the Magistrate, who was presiding over the court in Uthamapalayam in March 2007, “if he is in service even now and wherever he is, so that he does not repeat the same mistake in the future.”

Article referred: http://www.thehindu.com/news/cities/Madurai/accused-cannot-be-added-to-a-pending-case-at-mere-asking-of-police-says-high-court/article7128115.ece

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Winding-Up Petition Can’t Be Used If Bona Fide Payment Disputes Pending

The Karnataka High Court, in the case of M/s Uttam Industrial Engineering Ltd vs  M/s Shree Basaveshwar Sugars Ltd, has held that a winding-up petition has serious  ramifications on the financial standing of a company and cannot be used in cases  where there is a bona fide dispute regarding the amount owed by one party to the  other and in such cases the company court should relegate the matter either to the  civil court or arbitral tribunal. In this case, Uttam Industrial Ltd entered into a contract with Basaveshwar Sugars Ltd  to provide machinery and equipment for a sugar plant. Article referred:  http://www.livelaw.in/remedy-winding-petition-cant-relied-upon-bona-fide-payment-disputes-karnataka-hc/

Owner of vehicle is not expected to verify the genuineness of the driving license before appointing a driver

Cause Title : Rishi Pal Singh Versus New India Assurance Co. Ltd & Ors., Civil Appeal No. 4919 Of 2022, The Supreme Court Of India Date of Judgment/Order : July 26, 2022 Corum : Hemant Gupta; J., Vikram Nath; J. Background the truck owned by the appellant met with an accident. The owner deposed before the court that before employing the driver, he had taken his driving test and that he was driving the vehicle satisfactorily and  that the driver was employed with him for 3 years before the date of the accident. He produced his driving license. This was reaffirmed by the driver who deposed that the driving license was obtained from the driver and it was issued from Nagaland, but no such license was produced on record. Both the Motor Accident Claims Tribunal and the High Court have held that the owner has alleged that the driver had a driving license from Nagaland but the same was not produced and therefore, the Insurance Company is entitled to recover the awarded amount...